Milton, Massachusetts - May 22, 2008

SELECTMEN’S MEETING THURSDAY, MAY 22, 2008 7:00 P.M.

In attendance: Kathryn A. Fagan, John M. Shields, Marion V. McEttrick, Kevin J. Mearn, Town Administrator, Paula Rizzi, Executive Secretary

1. The Chairman called the meeting to order.

2. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the following meeting minutes: May 1, 5, 6, 8, 12, 13, 2008.

3. The Board confirmed June 5 and 19 as future meeting dates.

4. John M. Shields moved, Marion V. McEttrick seconded and the Board voted to approve an electronic LED sign requested by Kennedy Carpet at 502-504 Granite Avenue as follows:

Pursuant to Section III C (5) of the Milton Zoning Bylaws the Applicant, Kennedy Carpet, has requested relief from the Zoning Bylaws in order to install a 3’ 4” x 14’ (46.66 s.f.) electronic LED wall sign on the westerly façade of his building at 502-504 Granite Avenue, facing Route 93. Permission is required of the Board of Selectmen because the zoning bylaw does not allow lighted signs and the requested size (46.66 s.f.) exceeds the allowable size (12.8 s.f.)

The applicant, Kennedy Carpet, has recently completed a new showroom at 502-504 Granite Avenue in Milton, Massachusetts. The building was constructed under a variance from the Board of Appeals, Application #2143, dated January 16, 2007 to allow the residential portion of the rear lot to be used for parking. Three dilapidated buildings were removed to build the new building.

Kennedy Carpet has been in business approximately thirty years and currently has 75 full time employees, with showrooms in Weymouth and Needham as well as this new site in Milton. At this site the Applicant will conduct all aspects of his Kennedy Carpet business: carpet cleaning, carpet sales, insurance restoration and retail sales.

The site is located adjacent to Route 93, between the “off” ramp and the “on” ramp for the expressway. The building is placed sideways on the lot, with the entrance to the rear and the proposed sign location on the side facing the expressway, which for purposes of the Zoning Bylaw is treated as the facade.

Because of its exit and entrance ramp location adjacent to the expressway, the business is not in the walkable East Milton Square business district. There are office buildings on either side but no retail businesses.

The building façade facing the expressway is on the same level as the expressway, which then quickly descends into a tunnel under East Milton Square.

The Applicant’s requested sign, an electronic LED Poyant Sign with four panels, which will change at regular intervals, will provide direction and identification of the business to be conducted at this location in a smaller space than if he were to display this information simultaneously on one panel.

The LED technology, which is of a high quality resolution, will be visible from the expressway, which visibility is necessary for Applicant’s business since the sign will not be viewable from any of the walkable neighborhoods in the area. The LED technology has a unique applicability to this location since it offers a 140 degree viewing angle rather than the flat 90 degree angle afforded by a flat panel with internal lighting or external lighting. This viewing angle is necessary in order that the Applicant’s customer base, which will approach the business from the expressway, can see the sign before reaching the “exit” ramp.

The Led sign is an energy efficient sign.

During the period from midnight to 5 a.m. the Applicant will dim the lighting and the wall panel shall remain fixed with only one of the four visual panels. Should the town wish to have any kind of emergency message displayed on the sign, the Applicant is willing to provide this service as requested.

There are no residences which will be able to see the sign, except from a great distance across both sides of the expressway and on the other side of a sound barrier.

The Board of Selectmen finds that it should grant an exception to the Zoning Bylaw and allow the Applicant to place a high resolution LED sign with four changing panels as shown in the drawing for Project 14578 by Poyant Sign, last revised May 19, 2008, provided to the Board, except that no time and temperature panel shall be allowed, content of the panels cannot change without written permission of the Town Administrator and the colors of the sign shall remain a red background with yellow/gold lettering.

No other signs shall be allowed on the sides or the front of the building, facing the expressway.

The sign shall be dimmed from 12 midnight to 5 a.m. and the message shall not change from 12 midnight to 5 a.m.

Permission to use this sign which exceeds the size and lighting requirements of the Zoning Bylaw is based upon a unique combination of factors.

The business is located on the expressway, across from an exit ramp. The sign will be seen primarily from a high speed roadway and is not visible from residential areas or from the “walkable” business district. In order to be seen such a sign requires a wider viewing angle such as can be provided by an LED sign, in order for the sign to be seen before the customer has to take the exit ramp. A sign with a changing message can advertise the business functions at this location in less space than if all the descriptions were listed on one sign at the same time.

The Applicant has constructed a building for his business that is exceptionally attractive and a substantial improvement to what was there before.

The size of the sign requested is reasonable given the location and the overall size of the building.

The Applicant has requested a reasonable solution to advertise his business given all of these factors, and the Board of Selectmen finds that there will be no substantial detriment to the Town or the surrounding neighborhood if the sign is allowed.

5. The Board met with DPW Director/Town Engineer Walter Heller who updated members on his department reorganization. As a result of the vote of Town Meeting to approve an FY09 non-contingent budget, Mr. Heller was forced to reduce the department’s funding level by $142,555. To accommodate this reduction in funds, Mr. Heller eliminated two positions, the Program Manager and the Director’s Secretary, and mentioned to possibly combine the Senior Administrative Clerk and the Conservation Administrative Assistant into one position.

6. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve and forward to the Personnel Board the recommendation of the Director of Public Works to transfer Patrick Feeney from the Park Department (effective July 7, 2008) to the Department of Public Works to fill the W-5 (Working Foreman) vacancy.

7. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the following FY09 DPW Materials Bids:

ITEM #1A. Cement Concrete Blocks

Recommend award to M.J. Pirolli & Sons, Inc. - Barrel Blocks (8") Wide Barrel Blocks (Picked-Up & Delivered) the low bidder.

Recommend award to M.J. Pirolli & Sons, Inc. - Arch Blocks, Plates 4" High 12 Row and Manhole Ring Row 6" High (Round) 9 to Row (Picked-Up& Delivered) the low bidder.

ITEM #1B. Precast Manholes

Recommend award to M.B.O. Precast, Inc. (Picked-Up) for Precast Manholes the low bidder.

ITEM #2 Drain Castings & Sewer Castings

Recommend award to LeBaron Foundry, Inc. (Delivered) low bidder on all items.

ITEM #3 Tree Grates

Recommend award to Neenah Foundry Co. (Delivered) the low bidder for 4' x 6' recessed (R8802A) and award to Lebaron Foundry (Delivered) for 3' x 6' recessed grates (L3672G1).

ITEM #4 Portland Cement and Concrete Mix

Recommend award to M.J. Pirolli & Sons, Inc. (Picked-Up & Delivered) the low bidder on all items.

ITEM #5 Ready Mixed Concrete

Recommend award to Southeastern Concrete, Inc. (Delivered) the low bidder.

Control Density Fill

Recommend award to Tresca Brothers Sand & Gravel, Inc. Type 1 and Type 1E the low bidder. Recommend award to Southeastern Concrete, Inc. Type 2 and Type 2E the low bidder.

ITEM #6 Granite Curbing

Recommend award to Williams Stone Co., Inc. (Delivered) the overall low bidder.

ITEM # 7 Bank Gravel

Recommend award to Lorusso Corp. (Picked Up & Delivered ) the overall low bidder.

ITEM # 8 Crushed Bank Gravel

Recommend award to Lorusso Corp. (Picked Up & Delivered) the overall low bidder.

ITEM # 9 Washed Stone

Recommend award to Lorusso Corp. (2", 1 ?", 1 1/4", 1", 3/4", ?", 3/8" Picked Up & Delivered) the overall low bidder.

ITEM # 10A Crushed Stone

Recommend award to Lorusso Corp. (2", 1 ?", 1 1/4", 1", 3/4", ?" 3/8" Picked Up) the low bidder.

Recommend award to Lorusso Corp. (Picked Up & Delivered) the low bidder.

ITEM # 10B Reclaimed Pavement Borrow Material

Recommend award to T.L. Edwards, Inc. (Picked Up) and Lorusso Corp. (Delivered) the low bidders.

Recommend award to Lorusso Corp. (Picked Up & Delivered) the low bidder.

Recommend award to WeCare Organics (Picked Up & Delivered) the low bidder.

ITEM #12B Screened Loam

Recommend award to WeCare Organics (Picked Up & Delivered) the low bidder.

ITEM # 13 Pure Pine Bark Mulch

Recommend award to Kingstown Corp. (Picked Up) and Jayco Landscape Supply (Delivered) the low bidders.

ITEM # 14 Rental of Heavy Construction Equipment

Recommend award to American Earth Products, Inc. Capone Bros., Inc. Kingstown Corp, Paul E. West Crane Svc., Araco Sewer & Drain Service, Inc. the low bidders.

ITEM # 15 Grass Seed Type A, B. & C

Recommend award to Valley Green, Inc. the low bidder.

ITEM # 16 Fertilizers

Recommend award to Richey & Clapper, Inc. the low bidder.

ITEM #17A. Traffic Line Paint

B. Glass Spheres

Recommend award to Highway Safety Systems, Inc. the low bidder.

ITEM # 18 Tire & Tubes

Recommend award to Sullivan Tire the low bidder.

ITEM # 19 Trees & Shrubs

Recommend award to low bidder on all items. Purchase of nursery stock to be made dependent on evaluation of stock, availability and quality of available stock at time of purchase. If additional planting stock is necessary, quotes will be received at time of planting.

ITEM #20A. Bituminous Concrete & Cold Patch

Recommend award to M. Susi HMA LLC (Top & Binder, Tack Coat, Picked Up) and T. L. Edwards, Inc. (Cold Patch, Delivered) the low bidders.

B. Asphalt Berm Mix

Recommend award to M. Susi HMA LLC (Picked Up) the low bidder.

8. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the request of Milton Academy for a one day liquor

license for a corporate outing that will take place on June 27, 2008 at Faulkner Field from 11:00 a.m. to 3:00 p.m.

9. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the request of St. Elizabeth’s parish for a one day liquor license for a parish dinner that will be held on Friday, June 6, 2008 from 7:00 p.m. to 11:00 p.m. at the parish hall, 350 Reedsdale Road.

10. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to accept two (2) $100 checks, one from the Milton Chamber of Commerce and one from Mr. and Mrs. Robert Jesson in support of the Milton Healthy Communities Initiative.

11. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to adopt an Anti Fraud Policy as presented by the Town Accountant and to forward it to all department heads so that this policy can be used as a guide if fraud is suspected.

12. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to appropriate $200 from the Selectmen’s Scholarship fund to the Hiram Tuell Citizenship Honor Award and the Henrietta Hallowell Citizenship Honor Award, both awards to be presented at Milton High School’s awards night.

13. The Chair announced the Memorial Day observance that will take place on Monday, May 26 beginning at 9:30 a.m. at Town Hall.

14. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the following annual reappointments:

John Flynn-Town Counsel and Legislative Counsel

Richard G. Wells, Jr.-Keeper of the Lockup (Chief of Police)

William Clark-Director of Planning and Community Development

Clifford Flynn-Inspector of Wires

Mark Kelly-Plumbing and Gas Inspector and Sealer of Weights and Measures

Walter Heller-Director of Public Works/Town Engineer

Paul Hurley-Assistant Director of Public Works (Operations) and Local Superintendent for the suppression of Gypsy and Brown Tail Moths

Mark Williams-Director of Milton Emergency Management Agency

Steven Murphy-Veterans’ and Burial Agent, Director of Veterans’ Services and Veterans’ Grave Officer

David J. Lyons-Registrar of Voters

Diane Ferrari-Agent for the Peabody Fund

15. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to approve a contract between the Town and Milton Firefighter’s Local 1116, for the period of July 1, 2007 to June 30, 2008.

16. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve a contract between the Town and the Milton Police Association for the period of July 1, 2007 to June 30, 2008.

17. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve and sign letters of recognition to Rebecca Fall, 172 Granite Avenue, Theresa Lewis, 554 Pleasant Street, and Alexa MacKenzie, 183 Brook Road in recognition of their achievement of the Gold Award, the highest award in Girl Scouting.

18. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the request of the Girl Scouts to display a banner announcing open registration.

19. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer request in the amount of $8,847 to Law Special Services to cover the cost of services in January 2008.

20. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to waive a building fee in the amount of $108 for D&D Construction for necessary repairs to the Senior Center.

21. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve and sign a cooperative agreement between the Department of Conservation and Recreation, Bureau of Forest Fire Control and Forestry allowing the Fire Department to accept a used truck to be used to fight forest fires contingent upon the cost for repairs to the vehicle being minimal.

22. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously with Kathryn A. Fagan voting yes, John M. Shields voting yes and Marion V. McEttrick voting yes to enter Executive Session for the purpose of discussing alleged charges of criminal misconduct and real estate and return to Open Session for the purpose of adjournment.

23. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to adjourn at 10:50 p.m.